EFFECTIVE DATE: July 1, 2018
Unless otherwise stated herein, we and/or our licensors are the sole owners of the Site and all of its content, including without limitation, all information, services, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within the Site. You agree that all right, title, and interest in the Site will remain ours or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Samsung name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site unless we have given you prior written consent to do so. You agree that you will only use the Site for personal, non-commercial purposes. Notwithstanding the foregoing, we do not claim ownership of any content that you submit to us via Site. You represent and warrant that you have secured (and are able to produce proof in writing) of any and all rights necessary and appropriate to submit the content to us via the Site, including all necessary releases, and that such content is not confidential, as it will be not be treated as such. You do, however, grant us a perpetual, worldwide, unrestricted, non-exclusive, royalty-free, transferable license to use license, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, publically perform and display the content that you post or submit to us via the Site.
While using the Site you agree to comply with all applicable laws, rules and regulations. You further agree that when using the Site you will not:
Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site;
Frame or mirror any part of the Site without Samsung’ express prior written consent;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
Copy, download, distribute, transmit, upload, or transfer content from the Site or the personal information of others without our prior written permission or authorization;
Resell, sub-license, or lease any of the content on the Site;
Impersonate or pretend to be anyone else but you; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.
Your failure to comply with these restrictions or any part of these Terms may result in termination of your access to the Site, as well as cancellation of your account and/or registration.
DISCLAIMER OR WARRANTIES
THE SITE AND ALL CONTENT, SERVICES AND FEATURES AVAILABLE THROUGH THE SITE, ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. SAMSUNG DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, AND TITLE. SAMSUNG MAKES NO WARRANTY THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SITE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. SAMSUNG MAKES NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY INTERACTION WITH AND ANY THIRD PARTIES APPEARING ON THE SITE OR OTHER THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH YOUR ACCOUNT REGISTRATION, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED OR HAVE A DISPUTE ABOUT THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold harmless Samsung, and its respective employees, officers, directors, agents, representatives, licensors, suppliers, agencies, and service providers from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of (a) your use of, or activities in connection with the Site; or (b) any violation of these Terms by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
THIRD PARTY SITES
The Site contains links to third party websites, such as social networking websites. Samsung does not have control over such websites and is not responsible for the availability of such external websites. Samsung does not endorse and is not responsible or liable for the content, advertising, products, services or other materials on or available from such third party websites linked from the Site. Your use of third party websites is at your own risk and subject to the terms and conditions and policies of such websites.
These Terms will be construed and enforced under the laws of the state of New York. You and we agree that any dispute between you and us arising under or related to these Terms and this Site can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or we may file our case with any national U.S. arbitration company. You agree that you will not file a class action, or participate in a class action against us.
If you use this site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content.
We may immediately suspend or terminate your use of and access to the Site at our sole discretion and without prior notice, for any reason, with or without cause.
If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.
Any delay in enforcing or any failure to enforce any provision of these Terms will not be deemed a waiver of any other or subsequent breach of these Terms.
We reserve the right to change any part of the Site, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Site means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our Site.
QUESTIONS OR COMMENTS
If you have any questions or comments about these Terms or the Site, please contact us at [email protected].